What rights enjoyed by the Byrider franchisee remain in force despite the general release?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisee executes and delivers to the Company a written general release (except as may be limited by law) of all claims and demands against the Company, its officers, directors, representatives and affiliates provided, however, that all rights enjoyed by the Franchisee mandated by applicable state law shall remain in force and the Company's indemnification obligations under Section 11.3.B shall remain in force for a period of two (2) years after the expiration of this Agreement;
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, a franchisee's rights mandated by applicable state law remain in force, even after executing a general release. Additionally, Byrider's indemnification obligations under Section 11.3.B of the franchise agreement remain in effect for two years after the agreement's expiration. This protection ensures that franchisees retain certain legal rights and protections, regardless of any general release they may sign.
For franchisees in New York, all rights and causes of action arising from Article 33 of the General Business Law of the State of New York and its regulations remain in force, aligning with the non-waiver provisions of General Business Law Sections 687(4) and 687(5). Similarly, in North Dakota, any release required for renewal or transfer will not apply to the extent prohibited by the North Dakota Franchise Investment Law.
In Maryland, any general release provided will not apply to any liability under the Maryland Franchise Registration and Disclosure Law. These stipulations ensure that franchisees in these states retain specific protections and rights under their respective state laws, regardless of any general release they may sign as part of the franchise agreement. This multi-state approach reflects the varying legal landscapes and franchise regulations across different jurisdictions, providing franchisees with the assurance that their statutory rights are preserved.